Facts

Plaintiff alleged that, as a result improper positioning during delivery of her second child, she sustained extensive gynecologic injuries (including sulcal and perineal lacerations), neurologic injuries (including pudendal neuralgia, sciatica and Complex Regional Pain Syndrome, or "CRPS"), orthopedic injuries (including a labral tear) and psychiatric injuries (including PTSD and Major Depression). Detailed expert testimony from both plaintiff and defense was presented at trial of the involved body mechanics, maternal labor positioning and corresponding nursing support.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that Dr. Tarnay, who saw her for three follow-up appointments, subsequently failed to intervene and was the "last best" opportunity to prevent a permanent worsening of her injuries. Specifically, she alleged that Dr. Tarnay performed an "incomplete" exam of her posterior vagina resulting in a "missed" sulcal laceration which she claimed later developed into several neuromas. Had this laceration been timely identified, it was alleged that Dr. Tarnay could have surgically intervened to ultimately prevent the development of CRPS. Through extensive testimony from three urogynecologists and three gynecologists, the jury learned that surgical intervention was not indicated during the exemplary course of conservative care provided by Dr. Tarnay.

Result

The jury returned a defense verdict across the board, voting 11-1 for The Regents, 10-2 for Dr. Tarnay and 9-3 for Dr. Bickman.

Other Information

Over the course of this almost six-week jury trial in Stanley Mosk Long-Cause, testimony was provided by seventeen experts from across the country (plaintiffs). The parties themselves also provided in-depth testimony, including five days with plaintiff on the stand and multiple days of complex medical anatomy as presented by Drs. Tarnay and Bickman. Further, extensive trial briefing was provided on cutting-edge developments in the law, including based on Klein vs. Zimmer (2022) 79 Ca.App.5th 123 and Cuevas v. Contra Costa County (2017) 11 Cal.App.5th 163, Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, Markow v. Rosner (2016) 3 Cal.App.5th 1027, Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308.

Deliberation

one day and one hour

Length

5.5 weeks